How to Apply for Divorce in Australia: Cost, Time and Steps

Transcript

To apply for divorce in Australia, the marriage must have broken down with no reasonable likelihood of reconciliation, shown by at least twelve months and one day of separation. Separation can include time under the same roof, but that situation usually needs extra affidavit evidence explaining how the relationship changed.

A joint application is signed by both spouses and usually avoids formal service. A sole application must be properly served on the other spouse, generally at least twenty-eight days before the hearing if they are in Australia. The applicant cannot personally hand over the documents. Different periods apply if the spouse is overseas.

From the first of July 2026, the filing fee is one thousand one hundred and seventy dollars. An eligible reduced fee is three hundred ninety dollars. Check the court's current fees before filing. Timing then depends on service, evidence, the hearing list, plus any issue that must be corrected.

The court checks jurisdiction, the marriage, the separation period, service where required, and whether proper arrangements have been made for children under eighteen. Divorce does not decide where children live or divide assets. Property and parenting issues need their own agreement or application and may have separate deadlines.

A divorce normally becomes final one month and one day after it is granted, unless the court changes that period. Do not set a wedding date until the final order exists. Go To Court can explain the process and arrange a family-law consultation where a suitable lawyer is available.